NHTSA Issues Rule Requiring Backup Cameras on New Cars By May 1, 2018

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Recently, the National Highway Traffic Safety Administration (NHTSA) issued a final rule requiring rear backup cameras in all new vehicles under 10,000 pounds by May 2018. This new rule is expected to reduce the risk of fatalities and serious injuries caused by backover accidents.

The rule requires all vehicles under 10,000 pounds, including buses and trucks, manufactured on or after May 1, 2018, to come equipped with rear visibility technology that expands the field of view to enable the driver of a motor vehicle to detect areas behind the vehicle to reduce death and injury resulting from backover incidents. The field of view must include a 10-foot by 20-foot zone directly behind the vehicle. The system must also meet other requirements including image size, linger time, response time, durability, and deactivation.

On average, there are 210 fatalities and 15,000 injuries per year caused by backover crashes. NHTSA has found that children under 5 years old account for 31 percent of backover fatalities each year, and adults 70 years of age and older account for 26 percent.

Many children are killed or seriously injured in backover incidents. A backover

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The Ventura County Food Protection Program Publishes Online Inspection Reports of Over 4,000 Retail Food Facilities

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The Ventura County Environmental Health Division Food Protection Program (FPP) performs periodic inspections of over 4,000 retail food facilities* in Ventura County that serve or sell food to the public. Inspectors look for things like:

  • Proper training of food handlers
  • Proper maintenance of equipment
  • Food is free of contamination and properly labeled and stored
  • Conditions are safe, clean and sanitary
  • Proper food temperatures

* Retail food facilities include restaurants, markets that serve food, bakeries, mobile food, donut shops, retail stores like Target that serve food, coffee shops, gas stations, produce stands, bars, etc.

The FPP maintains an online, searchable database of food facility inspection reports since January 2004! CLICK HERE to explore. You can find out about all sorts of violations the facility has had in the past, be it vermin infestation, improper equipment sanitation, no soap or paper towels in the restroom, inoperable equipment, improper storage, you name it! All the restaurants I frequent are on the list and all of them have had violations. The good thing is that these inspections keep them on their toes, so I keep eating.

The FPP also publishes an online Food Facilities Closure Report of places where violations are significant enough to shut down the place until they are resolved. Usually the resolution takes place same day or up to 1 or 2 days, though at times as much as weeks depending on the issue. This is even more fun to look at! Some of the noted issues in recent closures have been

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Ventura County Public Health Launches "Health Matters in Ventura County" Website

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Ventura County Public Health (VCPH) recently launched Health Matters in Ventura County (www.healthmattersinvc.org), a website for accurate and timely health-related data for Ventura County. The website’s database, developed in partnership with Healthy Communities Institute (HCI), tracks more than 75 health and quality-of-life indicators in Ventura County using local, state and federal data.

In the same way that a car’s dashboard displays if a car is running well or not, www.healthmattersinvc.org’s dashboard displays health information in the form of a gauge – with green indicators showing better-than-average performance and red indicators highlighting areas needing improvement.

The unveiling of the new website corresponds with National Public Health Week (NPHW), an annual celebration sponsored by the American Public Health Association to recognize the contributions Public Health departments make in the communities they serve. This year’s NPHW theme is Public Health: Start Here.

Much like how VCPH programs help educate residents about making the right choices to achieve and maintain good health, www.healthmattersinvc.org is designed to provide decision-makers with a starting point to use when looking for the information they need to identify key health problems and develop initiatives to combat those problems. VCPH hopes that the site serves as a valuable resource to government agencies, nonprofits, educational institutions, students and community members.

The site serves as a data depository for health indicators such as HIV/AIDs, diabetes, obesity, cancer, STDs, as well as other infectious diseases. In addition, there is data for quality-of-life indicators including rates of smoking, DUIs, fast food restaurant density, water quality, violent crime and more. 

In addition to health indicators, the site also houses VCPH’s newly released health status report entitled “Transforming Ventura Communities: Understanding the Health Status and Needs of Ventura County.”  This report, funded in part by the Centers for Disease Control and Prevention’s (CDC’s) Community Transformation Grant, looks closely at the socio-economic factors influencing five strategic directions: (1) Health Eating and Active Living, (2) Tobacco-Free Living, (3) High Impact Clinical Preventive Services, (4) Social and Emotional Wellbeing and (5) Healthy and Safe Physical Environments.

California Appeals Court Rules That It Is OK to Hold Cell Phone to Look at Map

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My HTC Android phone with map app circa 2014, a phone and app that the 5th District Court of Appeal aptly pointed out did not exist in any shape or form in 2006.

Two years ago, Steven Spriggs was stuck in traffic and decided to look at a map on his smartphone to figure out a way out of the congestion. Sure enough, a CHP officer nailed him for "holding his telephone" and gave him a $165 citation for violating California Vehicle Code section 23123 (a), which prohibits drivers from “using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.” 

Spriggs took it to court as he was not actually listening or talking on the phone, but merely looking at the map. He lost. Spriggs appealed and lost again, but the case was taken to the 5th District court of Appeal in central California for certification. Earlier this week, the 5th District court agreed with Spriggs, stating that the statute means what it says – it prohibits a driver only from holding a wireless telephone while conversing on it. 

In other words, it is not illegal to hold your cell phone in the car in California unless you are actually talking or texting on the phone. At least to look at a map. For now. At least.

The prior appellate division concluded that the statute was not “designed to prohibit hands-on use of a wireless telephone for conversation only,” but instead was “specifically designed to prevent a driver from using a wireless telephone while driving unless the device is being used in a hands-free manner,” and “outlawed all ‘hands-on’ use of a wireless telephone while driving.” The 5th District basically said this was hogwash.

The 5th District court statute indicated "had the Legislature intended to prohibit drivers from holding the telephone and using it for all purposes, it would not have limited the telephone’s required design and configuration to “hands-free listening and talking,” but would have used broader language, such as 'hands-free operation' or 'hands-free use.'  To interpret section 23123(a) as applying to any use of a wireless telephone renders the “listening and talking” element nonsensical, as not all uses of a wireless telephone involve listening and talking, including looking at a map application."

The court further said in its ruling that, "although the Legislature was concerned about the distraction caused by operating a wireless telephone while holding it, the Legislature’s focus was on prohibiting holding the telephone only while carrying on a conversation, not while using it for any other purpose.  This is not surprising, given that when the statute was enacted in 2006, most wireless telephones were just that – a telephone – rather than an electronic device with multiple functions." In other words there were no iPhones (launched in late June 2007) or other smartphones in use at the time the law was written, so how could they have contemplated use of the phone for viewing a map at the time.

I like this judge. He goes on to say that prosecutors' interpretation of the law to ban ALL hand-held use of cell phones would "lead to absurd results....If the phrase 'using a wireless telephone' includes all conceivable uses, then it would be a statutory violation for a driver to merely look at the telephone’s display if the telephone was not designed and configured to allow hands-free listening and talking.  It would also be a violation to hold the telephone in one’s hand, even if configured for hands-free listening and talking, and look at the time or even merely move it for use as a paperweight."

Prosecutors has asserted the statute would not be violated if a driver looked at a map application as long as the wireless telephone was mounted and the application was “activated using the phone’s hand[s]-free capability.”  However, as Spriggs points out, under this scenario the statute could still be violated merely by looking at the map application on the wireless telephone if the telephone was not designed and configured to allow hands-free listening and talking.

The actual write-up is at s3.amazonaws.com/s3.documentcloud.org/documents/1031494/spriggs-opinion.pdf

American Lung Association's 2014 Tobacco Control Report Shows More Progress Needed

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The American Lung Association has released its 12th Annual "State of Tobacco Control" report that reviews tobacco control policies and assigns grades to U.S. and state governments based on tobacco control laws in effect as of January 2, 2014. Tobacco control laws were reviewed to assess if they adequately protect citizens from impact of tobacco use.

2014 is the 50th anniversary of the 1964 Surgeon General's report linking smoking to lung cancer and other serious diseases. Since 1965, the percentage of Americans smoking has dropped from 42.4% (52.8 million Americans) to 18% (43.2 million) in 2012, according to CDC surveys.

Today, the Surgeon General notes that smoking is still the nation’s leading cause of preventable death and disease, responsible for the deaths of close to 480,000 Americans and up to $333 billion in annual healthcare and lost productivity costs attributed to smoking.

The American Lung Association calls for all levels of government to achieve three goals:

  • Reduce smoking rate to less than 10% within 10 years
  • Protect all Americans from secondhand smoke within 5 years
  • Eliminate the death and disease caused by tobacco

The U.S. Government received the following grades in 2013:

  • FDA Regulation: D (rule not issued to assert FDA authority over all tobacco products)
  • Cessation Coverage: C (only partially covered in federal healthcare programs)
  • Cigarette Tax: D (tax rate per pack of 20 is $1.01)
  • Tobacco Treaty: D (public health treaty not submitted to Senate for ratification)

 Here are highlights of California grades and rankings:

  • Tobacco Prevention Control and Spending: California received an F, though all but four states (Hawaii, North Dakata, Wyoming and Delaware), received D or F grades in terms of spending CDC recommended amounts.
  • Smokefree Air: California received an A for having laws in place that restrict smoking. 28 states and Washington DC have passed laws prohibiting smoking in almost all public places and workplaces, including restaurants and bars.
  • Cigarette Tax: D (Tax rate per pack of 20 is 87 cents) For each 10% price increase, consumption drops by about 7% for youth and 4% for adults. The average state excise tax is $1.53. An A grade was given for taxes of $3.06 and up and an F was given for taxes under 76.5 cents per pack. States with A grades (where you will pay the most in taxes) are New York, Massachusetts, Hawaii, Rhode Island and Connecticut. There are 15 states with F grades, mostly in the southeast.
  • Cessation Coverage: California received an F in terms of providing a "quitline" and ensuring coverage of cessation programs, though all but 7 states received D or F grades.

Read more about the State of Tobacco Control 2014 report at www.stateoftobaccocontrol.org.

Moving on, the American Lung Association in California released its own report on January 22nd covering cities and counties in California in the categories of Smokefree Outdoor Air, Smokefree Housing, Reducing Sales of Tobacco Products and Overall Tobacco Control.  Some highlights:

  • Out of 540 cities and counties in California, 18 scored an overall grade of A, including Albany, Baldwin Park, Berkeley, Calabasas, Contra Costa C
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USDA Issues Public Health Alert for Certain Foster Farms Chicken Products

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On Monday, the U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) issued a public health alert due to concerns that illness caused by strains of Salmonella Heidelberg are associated with raw chicken products produced by Foster Farms at three facilities in California.

At this point in the investigation, FSIS is unable to link the illnesses to a specific product and a specific production period. Raw products from the facilities in question bear one of the establishment numbers inside a USDA mark of inspection or elsewhere on the package:

  • “P6137”
  • “P6137A”
  • “P7632”

The products were mainly distributed to retail outlets in California, Oregon and Washington State.

This public health alert is being issued after an estimated 278 illnesses were recently reported in 18 states, predominantly in California.  The outbreak is continuing. The investigations indicate that consumption of Foster Farms brand chicken and other brand chicken produced at Foster Farms plants are the likely source of this outbreak of Salmonella Heidelberg infections. Illnesses were linked to Foster Farms brand chicken through epidemiologic, laboratory and traceback investigations conducted by local, state, and federal officials. The Centers for Disease Control and Prevention (CDC) is partnering with state health departments to monitor the outbreak while FSIS continues its investigation.

The investigation is ongoing and FSIS is prepared to take additional actions or expand the investigation based on new evidence.

FSIS reminds consumers to properly handle raw poultry in a manner to prevent contamination from spreading to other foods and food contact surfaces. 

FSIS further reminds consumers of the critical importance of following package cooking instructions for frozen or fresh chicken products and general food safety guidelines when handling and preparing any raw meat or poultry. In particular, while cooking instructions may give a specific number of minutes of cooking for each side of the product in order to attain 165 °F in

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National Park Service Parks and Websites Closed Due to Government Shutdown

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Yay! Government shutdown ended on Thursday, October 17th. The National Park Service and other Government agencies are now back in business.

This is the screen shown on the National Park Service website as a result of the federal government shutdown. All national parks are closed and NPS websites and Facebook pages are not in operation until the shutdown ends.

The NPS has closed all 401 national parks, including park grounds, visitor centers, hotels, campgrounds and park roads (except for thru ways). All programs are cancelled and permits for special events on park grounds are rescinded.

The shutdown will affect over 20,000 NPS employees, who are furloughed until an appropriation is passed, while 3,000 employees continue to work on essential services, including security, emergency services and firefighting.

For updates, visit the Department of the Interior website at www.doi.gov/shutdown.

Sign at Rancho Sierra Vista/Satwiwa trailhead in Newbury Park.